Former Special Counsel Jack Smith has rejected a criminal referral made by House Judiciary Committee Chairman Jim Jordan, R-Ohio, calling it "meritless" and accusing Republicans of attempting to weaponize the justice system. Jordan's referral, sent to the Department of Justice, accuses Smith of lying under oath during a December 2025 deposition before the committee.
In a letter to Jordan and acting Attorney General Todd Blanche, Smith's attorneys stated that the referral was made despite Smith providing truthful and responsive answers. They argued that the referral stems from a perceived risk that the Trump administration would seek to prosecute Smith, not from any falsehoods in his testimony. "This risk existed not because Mr. Smith would make a false statement, but because President Trump has repeatedly ordered that Mr. Smith be prosecuted and jailed," the attorneys wrote. "That is not the rule of law. And it contravenes the principles that are critical to the vitality of our democracy."
Smith, who investigated former President Donald Trump's efforts to overturn the 2020 election results and his handling of classified documents, was questioned by the committee regarding his team's access to the text messages of members of Congress. Jordan's referral claimed that Smith gave the impression his team had not accessed the content of privileged text messages, which Jordan asserts is false.
Smith's attorneys countered that the questions during the deposition focused on telephone toll records, not the content of text messages. They stated that the referral letter does not contest the truthfulness of Smith's answers and that his team took constitutional protections for members of Congress seriously. "The toll record subpoenas that were the focus of those questions did not call for the content of text messages," the lawyers explained. "The questions and answers preceding and following these exchanges also make clear that the focus of the questions was on the toll records subpoenas."
The attorneys also defended the special counsel's team's actions regarding the text messages, asserting that their review did not violate the speech and debate clause. They argued that the clause protects members from legislative acts being used against them, but not from prosecutors reviewing text messages between members and the executive branch when investigating an executive branch official. "This review of text messages did not involve an intrusion by the Executive Branch into the legislative sphere because the text messages were voluntarily sent by members of the Legislative Branch to members of the Executive Branch," the letter stated.
Republicans, including Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, have scrutinized Smith's investigation, with documents indicating his team accessed text messages from 44 members of Congress and White House staff. Lawmakers targeted included Jordan, Grassley, the late Sen. Lindsey Graham, Sen. Susan Collins, House Majority Leader Steve Scalise, and Sen. Cory Booker.
Former President Trump has frequently criticized Smith, referring to him as a "Trump-hater" and a "thug." Trump's allies have also accused Smith of being a partisan actor.
The Department of Justice has confirmed receipt of the referral from the House Judiciary Committee and stated it will investigate all evidence of criminal conduct.
